Feud which had been going on 'for seven or eight years' led to farm shooting, court hears

Saturday, June 17, 2017 - 02:54 pm

A "feud" between two farmers over “a small dirt track” linking their farms, led to one man shooting the other and killing his dog, a court has heard today, writes David Raleigh.

Ted O’Donoghue, (aged 72), of Killmoreen, Kildimo, Co Limerick, appeared before a special sitting of Limerick District Court, charged with assault causing harm to John Hayes, (aged 65), at farmlands at Ballycasey, Kildimo, on Friday, June 16.

Despite strenuous garda objections to bail, Judge Marie Keane, remanded Mr O’Donoghue in custody with consent to bail on a number of “very strict conditions”.

During the bail hearing, Garda Jason Mitchell, Newcastle West garda station, said the accused “allegedly fired a shot” from a single barrel shotgun at Mr Hayes, “wounding him in the right shoulder”.

He told judge Keane the “serious incident” was linked to a “dispute over a ‘right of way’”.

Garda Mitchell alleged gardaí had been called to lands at Ballycasey on “five occasions since June 2014”, and that the shooting last Friday, was the “latest in an ongoing long running feud over a ‘right of way’”.

Ted O'Donoghue. Pic: Press 22

“Further more serious charges are anticipated,” Gda Mitchell added.

The court heard the ‘right of way’ is on Mr O’Donoghue’s land, but three other landowners, inlauding the injured party have to access it to get to their lands.

“There is no other access,” Gda Mitchell said.

Objecting to bail under Section 2 of the Bail Act, and under O’Callaghan Rules, gardaí said they feared Mr O’Donoghue would interfere with witnesses.

Inspector Alan Cullen, Newcastle West garda station, said the matter “should never” have come before a criminal court, and that "it's an unfortunate scenario".

He alleged the dispute should have been “resolved" but has now "escalated".

William O’Donoghue, the accused’s brother, alleged the dispute had been ongoing “for seven or eight years”.

He told the court tensions would “flare up” from time to time.

William O’Donoghue gave an undertaking in court, to act as surety for his brother, and to monitor his movements whilst on bail, including chaperoning him to Mass services outside the locality.

He also agreed to manage the day-to-day running of the family farm at Ballycasey, where his brother allegedly shot and injured father-of-four John Hayes, and fatally wounded Mr Hayes’s dog Lassie.